South Africa Case Law

C.S v R.G (Reasons) (50346/17)

C.S v R.G (Reasons) (50346/17) [2018] ZAGPPHC 614 (11 January 2018)

Court

North Gauteng High Court, Pretoria

Case number

50346/17

Judge

Mabuse

The court found that the overriding consideration in disputes concerning minor children is their best interests, which must take precedence over procedural formalism. The Family Advocate's report was accepted as comprehensive and objective, demonstrating that the minor child identified her mother as her primary emotional attachment and caregiver, and that separation from her mother was traumatic. The court held that the applicant's application was not an irregular step but a continuation of the original proceedings, and that no prejudice was shown by the respondent. The recommendations of the…

Source excerpt

• Primary Residence Of Minor
• Parental Rights And Responsibilities
• Family Advocate Report
• Best Interests Of Child
• Care And Contact
• Children S Act Application

S v Lelala (64/2013)

S v Lelala (64/2013) [2013] ZAFSHC 48 (28 March 2013)

Court

Free State High Court, Bloemfontein

Case number

64/2013

Judges

R Jordaan, SPB Hancke

The High Court set aside a guilty plea conviction entered under repealed child-abuse legislation and allowed the State to recharge under the correct Act.

• Child Abuse
• Incorrect Charge Sheet
• Criminal Procedure Act Section 304
• Children S Act Application
• Criminal-procedure-review
• Wrong-charge-sheet